cliff jiwan godhu narranadministrator of the estates of the late jiwani godhu narran vs john thomas malkus and dickson germanus ndambalilo 2020 tzhc 4026 27 november 2

cliff jiwan godhu narranadministrator of the estates of the late jiwani godhu narran vs john thomas malkus and dickson germanus ndambalilo 2020 tzhc 4026 27 november 2

The evidence established that the suit land was allocated to the late Thomas Marcus Nawei by the village government in 1974, and after his death, it was inherited by the 1st respondent and his sisters. The appellant failed to prove that the land formed part of his late father's estate or how his father acquired it. The sale by the 1st respondent to the 2nd respondent was lawful, and there was no trespass.

Citation
cliff jiwan godhu narranadministrator of the estates of the late jiwani godhu narran vs john thomas malkus and dickson germanus ndambalilo 2020 tzhc 4026 27 november 2
Parties
Appellant: Cliff Jiwan Godhu Narran; 1st Respondent: John Thomas Malkus; 2nd Respondent: Dickson Germanus Ndambalilo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Customary Title, Succession, Ownership, Trespass, Sale of Land
Source Language
English
Land Law Succession Law Customary Title Succession Ownership Trespass Sale of Land

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Parties

Cliff Jiwan Godhu Narran

Appellant

John Thomas Malkus

1st Respondent

Dickson Germanus Ndambalilo

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Who is the lawful owner of the suit land?
  2. 2 Was the sale of the suit land by the 1st respondent to the 2nd respondent lawful?

Ratio Decidendi

The evidence established that the suit land was allocated to the late Thomas Marcus Nawei by the village government in 1974, and after his death, it was inherited by the 1st respondent and his sisters. The appellant failed to prove that the land formed part of his late father's estate or how his father acquired it. The sale by the 1st respondent to the 2nd respondent was lawful, and there was no trespass.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs to the respondents.